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HomeMy Public PortalAboutRES-CC-2008-25RESOLUTION # 25-2008 A RESOLUTION ADOPTING AN AGREEMENT FOR THE PROVISION OF POLICE SERVICES BETWEEN THE CITY OF ST. GEORGE AND MOAB CITY WHEREAS, Moab City, Utah and the City of St. George, Utah have had discussions regarding the need for special event law enforcement services; and WHEREAS, Moab City and the City of St. George have determined that Police Services can best be provided through an agreement; and WHEREAS, the Agreement as to the provision of Police Services has been submitted to the Moab City Council and the City of St. George Council, NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL that: 1. The Council hereby authorizes and approves the Agreement in substantially the form presented to this meeting of the Moab City Council. 2. The appropriate officials are hereby authorized and directed to execute and deliver the Agreement in substantially the form presented to this meeting of the Council. 3. This resolution shall be effective immediately upon its passage. PASSED AND APPROVED THIS 20h day of August, 2008. Signed: ST: achel Ellison City Recorder dasaf7 4ii.4_,, David L. Sakrison Mayor Resolution #25-2008 Page 1 of 1 130 c f6- AGREEMENT FOR THE PROVISION OF POLICE SERVICES BETWEEN THE CITY OF ST. GEORGE AND MOAB CITY THIS AGREEMENT is made and entered into this 20`s day of August, 2008, by and between ST. GEORGE CITY, a municipal corporation of the State of Utah, (hereinafter referred to as "ST. GEORGE"), and MOAB CITY, a municipal corporation of the State of Utah, (hereinafter referred to as "MOAB"). WITNESSETH: WHEREAS, each of the parties operates a law enforcement agency (hereinafter "agency" or "agencies") with trained personnel who provide law enforcement services to their respective jurisdictions; and WHEREAS, at this time MOAB is in need of additional law enforcement personnel to safely perform law enforcement activities within MOAB and Grand County; and WHEREAS, MOAB is requesting aid from ST. GEORGE in the form of additional law enforcement officers and equipment; and WHEREAS, ST. GEORGE desires to provide the aid requested by MOAB. NOW THEREFORE, based upon the mutual desires of the parties, the parties agree as follows: UNDERSTANDING: 1. PURPOSE OF AGREEMENT. This Agreement is a collaborative effort between the agencies to assist in law enforcement activities within MOAB and Grand County as directed by the MOAB Police Department. 2. DURATION OF AGREEMENT. The term of this Agreement shall be for thirty (30) days, commencing on the date the parties execute this Agreement. 3. REPRESENTATIONS OF BOTH AGENCIES. A. REPRESENTATIONS AND INTENT OF MOAB. MOAB represents and intends the following: MOAB agrees to provide direction and oversight to officers provided by ST. GEORGE per a bona fide request for assistance under this agreement. MOAB agrees to provide any communication and other equipment needed (other than that provided and issued by ST. GEORGE to the officers) in order for the officers to safely and effectively conduct the law enforcement activities as directed by the MOAB POLICE DEPARTMENT. B. REPRESENTATION AND INTENT OF ST. GEORGE. ST. GEORGE represents and Page 1 of 3 intends the following: The ST. GEORGE agrees to respond to a request for assistance from MOAB by sending such resources and officers that are reasonably available to ST. GEORGE as determined by ST. GEORGE. Except when otherwise requested, or except when the circumstances otherwise clearly indicate, ST. GEORGE shall send police officers along with the standard equipment issued to the officers by ST. GEORGE to conduct law enforcement activities as directed by the MOAB Police Department. 4. REIMBURSEMENT, FINANCE AND BUDGET PROCEDURES. MOAB agrees to provide room and board for ST. GEORGE officers while the officers are in MOAB rendering aid under this Agreement. The parties agree to pay the salary and benefits of their own personnel. 5. NO WAIVER OF IMMUNITY. Nothing herein may be construed to waive any of the privileges and immunities associated with governmental entities, or of any other privilege or immunity available to the parties to this Agreement. 6. NO THIRD PARTY BENEFICIARIES. This Agreement is not intended to benefit any party or person except a party named as an agency specifically herein. 7. APPLICABLE LAW. A. This Agreement shall be construed under and in accordance with the laws of the State of Utah. B. This Agreement does not supersede, nor does it relieve any party to this Agreement of any obligation or responsibility imposed upon it by law. 8. INDEMNIFICATION. MOAB agrees that ST. GEORGE and its employees are immune from liability arising out of ST. GEORGE's officers' actions in rendering aid under this Agreement. For purposes of liability, officers provided by St. GEORGE under this agreement shall be considered employees of the City of Moab. The City of Moab shall provide to ST. GEORGE a certificate of insurance naming ST. GEORGE as an additional insured for actions of ST. GEORGE's officers rendering aid under this Agreement. 9. EFFECTIVE DATE. TERM. This Agreement shall become effective when the parties to this Agreement duly execute the Agreement. DATED this "0 day of , 2008. Page 2 of 3 0 CITY OF ST. GEORGE Attest: s yr4t4L- LA.+ Mayor Dan McArthur Rec er St. Geo�gePlice Department hief Marlon Stratton Approved as to legal form: DATED this 20h day of August, 2008. MO CITY d. Attest: aJij,tf2/ Mayor Recorder Page 3 of 3